교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 10, 2017, the defendant is a person who is engaged in driving B dump truck, and driving the above vehicle around 06:18 on November 10, 2017, which is located in Busan-gun C, and the front distance intersection of D company was left left at the right-hand left-hand left-hand turn in accordance with the dump left-hand turn mark from the dump at the time of
In such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle gets on a crosswalk by checking the front door and the left and right of the motor vehicle, and to safely drive the crosswalk.
Nevertheless, the defendant neglected to turn to the left as it is and caused the victim E (the 66 years old) who dried the crosswalk to the right from the left side of the defendant's moving to the right side of the road by the pedestrian signals, and followed the victim's bridge with the front wheels of the right side.
Ultimately, the Defendant caused the death of the victim from the above occupational negligence to the low-blood shock.
Summary of Evidence
1. Statement by the defendant in court;
1. Traffic accident reports (1.2), investigation reports (as to attaching on-site photographs), field photographs, investigation reports (as to on-site stuffs and black stuffs image analysis), black stuffs images, black stuffs video CDs, body postmortem records, and victim photographic acts and subordinate statutes apply;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as an order to attend a lecture or an order to provide community service order, is an unfavorable circumstance, where a pedestrian, who has a crosswalk pursuant to the new subparagraph, is shocked with a dump truck and caused his/her death at the site. The crime of this case is disadvantageous.
However, the defendant recognizes the facts charged.